---
kind: "section"
citation: "40 C.F.R. § 52.874"
title: "40"
number: "52.874"
heading: "Legal authority."
url: "https://uscodex.org/cfr/40/52.874"
---

# §52.874. Legal authority.

- (a) The requirements of [§ 51.230(f)](/cfr/40/51.230.md?p=f) of this chapter are not met since authority to make emission data available to the public is inadequate. Kansas Statutes Annotated 65-3015 would require confidential treatment if the data related to processes or production unique to the owner or would tend to affect adversely the competitive position of the owner.
- (b) The requirements of [§ 51.232(b)](/cfr/40/51.232.md?p=b) of this chapter are not met since the following deficiencies exist in the local agency legal authority:
  - (1) **Kansas City, Kans.-Wyandotte County Health Department.**
    - (i) Authority to make emission data available to the public is inadequate because the Kansas Statutes Annotated 65-3016 provides a designated local air quality conservation authority with the same authority as the State ([§ 51.230(f)](/cfr/40/51.230.md?p=f) of this chapter).
  - (2) **Topeka-Shawnee County Health Department.**
    - (i) Authority to make emission data available to the public is inadequate because the Kansas Statutes Annotated 65-3016 provides a designated air quality conservation authority with the same authority as the State ([§ 51.230(f)](/cfr/40/51.230.md?p=f) of this chapter).
  - (3) **Wichita-Sedgwick County Health Department.**
    - (i) Authority to make emission data available to the public is inadequate because the Kansas Statutes Annotated 65-3016 provides a designated local air quality conservation authority with the same authority as the State ([§ 51.230(f)](/cfr/40/51.230.md?p=f) of this chapter).
- (c) The requirements of [§ 51.230(d)](/cfr/40/51.230.md?p=d) of this chapter are not met since statutory authority to prevent construction, modification, or operation of a facility, building, structure, or installation, or combination thereof, which indirectly results or may result in emissions of any air pollutant at any location which will prevent the maintenance of a national air quality standard is not adequate.

## Notes

### Amendments

[37 FR 10867, May 31, 1972, as amended at 39 FR 7281, Feb. 25, 1974; 51 FR 40676, Nov. 7, 1986]

### Authority

Authority: 42 U.S.C. 7401 et seq.

### Amendments

[40 FR 5521, Feb. 6, 1975]

### Amendments

[37 FR 10867, May 31, 1972, as amended at 39 FR 7281, Feb. 25, 1974; 51 FR 40676, Nov. 7, 1986]